Request for Quotation
200 S. Ivy St. – Room 177  Medford, Oregon 97501
Phone: (541) 774-2440  Fax: (541) 774-2696
To:
Painting Contractors
From:
Ken Johnson, Operations Superintendent
FAX
541-774-2696
Date:
July 23, 2014
RE:
Request for Quotation (RFQ) - Fire Hydrant Painting Services
NOTICE TO CONTRACTORS
Written quotations for Fire Hydrant Painting Services will be accepted by Medford Water
Commission (MWC), 200 S Ivy St. – Room 177, Medford, Oregon 97501 until 4:00 p.m., Local
Time, on Thursday, August 12, 2014. Quotes shall be valid for a minimum of 30 days after
closing unless otherwise specified in the quote specifications. This RFQ does not commit MWC
to pay any costs incurred by any firm in the submission of a quote and may reject for good
cause any and all quotations upon a finding of MWC that it is in the public interest to do so.
MWC also reserves the right to waive any informality in any quotation and to delete certain
items listed in the RFQ as set forth herein. A mandatory pre-quote meeting will be held at
the Medford Water Commission Service Center, 821 N. Columbus Ave. Medford OR 97501
on August 4, 2014 at 2:00 PM.
GENERAL INFORMATION
Project Summary:
In general, the project is to furnish all labor and materials required to paint up to 700 hydrants
per year per attached Scope of Work, Specifications and Contract. MWC has over 4,500 fire
hydrants within its distribution system. The qualified contractor will provide cleaning, painting,
and numbering of the designated fire hydrants. Most hydrants are located in the public right-ofway, within sidewalks or landscape mediums, or in landscaped areas adjacent to private
property. The contractor will work with MWC to develop and implement an acceptable hydrant
painting schedule, contractor/public contact protocol, and develop a protocol for
communications with MWC. Contractor professionalism is a top priority.
Licensing, Certification and Insurance Requirements:
Contractor and/or applicable employees shall secure and maintain in good standing through the
life of the contract: City of Medford Business License, Valid Oregon Driver’s License, licensing
with the State of Oregon Construction Contractor’s Board, and any other certifications or
licensing that may be required to perform the scope of services herein. Insurance coverage
requirements are specified in the sample contract (see attached); proof of insurance is
required for contract approval by MWC; Medford Water Commission must be named
additional insured on applicable policies. Contractor shall at its expense obtain, keep in
force, and maintain insurance to cover its performance.
FIRE HYDRANT PAINTING SERVICES – PROJECT# DI-15-643OP
2014
REQUEST FOR QUOTATION
Page 1 of 6
Schedule:
Hydrants shall be painted between April 1st and September 30th of each year unless approval
is given by the MWC inspector to extend painting time. Upon award of a contract and date of
first hydrant painted, a two-week trial period will be established with the contractor to decide if
the work is being completed to the satisfaction of MWC. If this is not the case after these two
weeks or any time during the contract period, the contract will be terminated immediately with
written notification from MWC and only the completed fire hydrants will be paid for. In the event
that all hydrants are not painted within the specified time frame, MWC may allow extension of
the contract.
Prevailing Wage:
Oregon Prevailing Wage Rates apply to public improvement projects that exceed $50,000.00.
Contract Period:
Any Contract(s)/Agreement(s) resulting from this RFQ shall be in effect for no longer than one
(1) year. Sample public improvement contract attached.
SCOPE OF SERVICES
Clean, prepare, paint and number approximately up to 700 fire hydrants per year located in and
around the City of Medford. Contractor shall supply all labor, transportation, equipment,
materials and tools necessary to complete the scope of services as follows:
(A)
Trimming
(a)
(B)
General
Remove nearby weeds and other noxious vegetation as necessary to paint
hydrants. Landscape plantings shall be protected from overspray. In the event that
landscape plantings are extensive and prevent painting of hydrants, the Contractor
shall note the hydrant’s location and alert MWC.
Cleaning / Preparation
The Contractor shall remove all grease, oil, loose paint, dirt and other foreign materials
from hydrant surface prior to painting. Items “a” and “b” below describe in detail the
cleaning requirements. Item (a) below does not specify or exclude pressure washing as
method of cleaning of hydrants. It is not the intention of the MWC that hydrants must be
pressure washed as part of the cleaning process.
(a)
Previously Coated Surfaces
Maintenance painting will frequently not permit or require complete removal of all
old coatings prior to repainting. However, all surface contamination such as oil,
grease, loose paint, mill scale, dirt, foreign matter, rust, mold, mildew, mortar,
efflorescence, and sealer must be removed to assure sound bonding to the tightly
adhering old paint. Glossy surfaces of old paint must be clean and dull before
repainting. On some hydrants it may be necessary to clean with an abrasive
cleanser that will clean and dull in one operation, or, clean thoroughly and dull by
sanding. Selected cleaners should be used in an environmentally safe way. Spot
prime any bare areas with specified primer or approved equal primer.
(b)
Hand Tool Cleaning
Hand Tool Cleaning removes all loose mill scale, loose rust and other detrimental
foreign matter. It is not intended that adherent mill scale, rust, and paint be
FIRE HYDRANT PAINTING SERVICES – PROJECT# DI-15-643OP
2014
REQUEST FOR QUOTATION
Page 2 of 6
removed by this process. Mill scale, rust, and paint are considered adherent if they
cannot be removed by lifting with a dull putty knife. Before hand tool cleaning
remove visible oil, grease, soluble residues, and salts.
In cases of new hydrants, the chains will be removed and discarded. Also
backfilled dirt may come up around the hydrant body; make note of this hydrant for
future maintenance by the MWC. Paint visible portion of fire hydrant. No paint will
be allowed on the brass hydrant nozzles, although all caps will be painted while
removed from the hydrant to assure that paint does not seal the nozzles shut.
(C)
Painting
MWC will furnish to the Contractor a complete detailed listing of fire hydrant locations
due for painting at the beginning of each calendar year. Data provided for each hydrant
will include a location map, hydrant number and color scheme. Contractor shall
communicate and coordinate the hydrant painting schedule with MWC to facilitate any
advance notifications to affected parties as deemed necessary by MWC. Each hydrant
painted shall be checked against this list to be sure the color and appropriate number is
painted on the hydrant. If there should occur an error in painting or numbering, the
Contractor will be responsible for correction prior to final payment.
The Contractor shall exercise extreme caution while working and cleaning/painting
around automobiles, landscaping, concrete surfaces, etc. Any spilled or splattered paint,
debris removed from preparing the hydrant or other foreign material shall be removed or
cleaned from the hydrant site. The Contractor shall assume complete liability for any
damage caused by his/her painting operations.
Contractor shall follow paint manufacturers’ specification sheet for application
instructions, taking into account hydrant preparation, ambient temperature, etc. The
Contractor should schedule his/her work accordingly. Any adverse weather conditions
that may occur during the contract period will halt painting time as determined by MWC.
The Contractor must submit to MWC a detailed schedule of his/her painting activity so
that inspection of both the hydrant preparation and painting can be accomplished. The
MWC inspector will verify each hydrant before payment is made.
(D)
Numbering
Each hydrant bears a number, which will have to be stenciled with black ink or by other
means approved by MWC after painting the hydrant. MWC has renumbered all hydrants
and a list will be provided to the Contractor that provides the proper number. Accuracy
is of utmost importance. The number will be placed on the hydrant barrel, visible to
oncoming traffic from the right-hand lane. Number should be marked level in a vertical
axis with the hydrant. A one-inch (1″) to one-and-one-half-inch (1½″) stencil will be used
to paint the numbers with MWC-specified black ink.
(E)
Materials and Equipment
The Contractor will furnish all necessary tools, equipment, MWC-specified paint,
automotive transportation, travel per diem, and incidental expenses to prepare hydrants
for painting as well as the painting and numbering of hydrants.
FIRE HYDRANT PAINTING SERVICES – PROJECT# DI-15-643OP
2014
REQUEST FOR QUOTATION
Page 3 of 6
(F)
Paint Specifications
All fire hydrants shall be painted as follows (Note: gpm is gallons per minute):
(a)
YELLOW BODY - All hydrants with flow over 1000 gpm
(b)
YELLOW BODY - ORANGE CAPS AND TOPS (hydrants 500-999 gpm)
(c)
YELLOW BODY - RED CAPS AND TOPS (hydrants < 500 gpm)
(Note: MWC will phase out painting of fire hydrants with green caps and tops. All existing
hydrants painted with this scheme will be painted yellow.)
To ensure against fading and user friendliness, a waterborne paint system has been
selected; Sherwin Williams’ products as specified or approved equal:
(a)
Spot Primer: Sherwin Williams 000C23275
Spray aerosol – Pro Industrial Rust Inhibitive Primer
Alternate:
Rust-Oleum Painters Touch Gray Primer #1980830 (aerosol can)
Primer:
Sherwin Williams B66W00310
Pro-Industrial, Pro-Cryl Universal Primer
Alternate:
PPG Pitt-Tech
(c)
Finish:
Sherwin Williams B66Y00300 (Safety Yellow)
Sher-Cryl HPA High Performance Acrylic Gloss Coating
(d)
Finish:
Sherwin Williams B66Y00300 (Safety Orange)
Sher-Cryl HPA High Performance Acrylic Gloss Coating
(e)
Finish:
Sherwin Williams B66Y00300 (Safety Red)
Sher-Cryl HPA High Performance Acrylic Gloss Coating
Alternate:
PPG Breakthrough 250 V70 Gloss for finishes (c), (d), and (e)
above.
(b)
PPG Special Finish for yellow Color. This is a 1 to 1 mix. 1 part
V70-640 12ME0671 and 1 part V70-46 12ME1424. Store mixes the
tinted yellow (640) with the safety yellow (46) and adds colorant to
get to the desired match.
(f)
Numbers:
Ultra Perm Opaque Blank Ink # 667. Contact Superior Stamp and
Sign, Medford Oregon for information on this product.
(G)
Inspection
Contractor will be subject to periodic work inspections by MWC, which may include
witnessing cleaning and painting of hydrants and protection of paint overspray on but not
limited to nearby structures, vehicles, concrete, asphalt, etc.
(H)
Reporting
The Contractor may also be required to provide supplemental data such as a list of
hydrants as they are painted along with location information. MWC and Contractor may
agree to coordinate painting and maintenance data via an electronic file format.
FIRE HYDRANT PAINTING SERVICES – PROJECT# DI-15-643OP
2014
REQUEST FOR QUOTATION
Page 4 of 6
(I)
Availability of Contractor
Contractor shall be available to promptly respond to and resolve MWC concerns
regarding customer complaints, or situations that may arise regarding workmanship or
safety.
(J)
Signage
Contractor is required to display a magnetic sign on vehicle along with personal
identification badges provided by the Commission while performing hydrant painting
work for MWC.
MEASUREMENT AND PAYMENT
All payments are to be made on Net 30 day terms. Measurement and payment shall be on a per
hydrant basis and shall include all activities outlined above in the Scope of Work. Contractor
shall submit an invoice on or about the 25th day of each month detailing the number of hydrants
painted, including the hydrant numbers. The painting of hydrants shall be compensated at the
fixed rate charge submitted in the quote.
QUOTE INSTRUCTIONS
The quote submittals must include the following information:
(A)
COST QUOTE FORM: The cost per hydrant to adequately cover the scope of all services
requested.
(B)
REFERENCES: Provide three (3) representative written references from commercial,
municipal, and residential projects performed in the last three (3) years.
Instructions for Submitting Quotations
Submit quote form and references via hand deliver, FAX, mail, or PDF e-mail to:
Medford Water Commission
Attention: Ken Johnson, Operations Superintendent
200 S. Ivy St., Room 177, Medford, OR 97504
E-mail: [email protected]
FAX: 541-774-2696 Attn: Ken Johnson
AWARD
Basis of award of contract: MWC’s Purchasing Regulations, Section 3.22, allows for award of
contract that bests serves the interests of MWC, taking into account price as well as any other
applicable factors such as, but not limited to, experience, specific expertise, availability, project
understanding, contractor capacity and responsibility.
CONTACT PERSON
For requests for additional information, or questions regarding this quote document, please
contact Ken Johnson: (541) 774-2680.
FIRE HYDRANT PAINTING SERVICES – PROJECT# DI-15-643OP
2014
REQUEST FOR QUOTATION
Page 5 of 6
MEDFORD WATER COMMISSION
QUOTATION FORM – Fire Hydrant Painting Services
INSTRUCTIONS
1. Provide a fixed cost quotation for each individual Fire Hydrant.
The cost quote shall be sufficient to cover the scope of all services required.
NO.
DESCRIPTION
1.
Clean, paint, and number up to 700 Fire
Hydrants annually in the City of Medford
NAME OF COMPANY:
COST PER HYDRANT
$
.
__________________________________________________
SIGNATURE: ___ ________________________________________________________
PRINTED NAME: ________________________________________________________
CITY OF MEDFORD BUSINESS LICENSE NO: ________________________________
CONTACT PHONE NO: ___________________________________________________
EMAIL ADDRESS: ________________________________________________________
DATE: ____________________________________
FIRE HYDRANT PAINTING SERVICES – PROJECT# DI-15-643OP
2014
REQUEST FOR QUOTATION
Page 6 of 6
SAMPLE
CONSTRUCTION CONTRACT
THIS AGREEMENT, made and entered into in duplicate this ____ day of
__________________, 2014, by and between Medford Water Commission, a chartered
municipal water utility of the City of Medford, Oregon, governed by and through its Board of
Water Commissioners, hereinafter termed "COMMISSION" and ________________________,
hereinafter termed "CONTRACTOR".
Article 1. The Work
CONTRACTOR, in consideration of the payments to be made by COMMISSION, in the
manner and at the times hereinafter provided, and of the covenants and agreements hereinafter
contained, hereby agrees to furnish all materials and labor for the construction of:
TITLE
CIP #
SEE EXHIBIT “A”
Article 2. Scope of Services
The CONTRACTOR shall furnish all necessary machinery, tools, apparatus, materials
and labor and to do the said work in the most substantial and workmanlike manner according to
the solicitation, general provisions, general specifications and any special provisions hereto
attached, and the plans therefore on file in the office of the applicable department of the
COMMISSION, and in accordance with such modifications of the same and other directions as
may be made by COMMISSION as provided for therein.
It is agreed that said plans, specifications and provisions, and the schedule of rates and
prices at time of construction as set forth in the solicitation and in the said provisions and
specifications are hereby specifically referred to and made a part of this contract, and shall have
the same force and effect as though all the sums and provisions thereof were fully inserted
herein.
Article 3. Time of Performance
The services of CONTRACTOR are to commence immediately after the date of this
Agreement, and shall be undertaken in such a sequence as to assure their expeditious
completion in light of the purposes of this Agreement. All work covered herein shall be
completed within ______________ days after the date of this Agreement.
PROJECT TITLE
CIP #
SAMPLE CONTRACT
Page 1 of 7
Article 4. Personnel
A.
The CONTRACTOR represents that it employs, or will employ at its own
expense, all personnel required in performing the services under this Agreement.
B.
All of the services required hereunder will be performed by the CONTRACTOR
or under his direct supervision and all personnel engaged in the work shall be
fully qualified and shall be authorized or permitted under State and local law to
perform such services.
C.
CONTRACTOR shall be responsible to ensure that it and any subcontractors
comply with all applicable Federal, State and local laws regarding employee
wages, hours, benefits, health care, and workers compensation, and shall ensure
that all expenses and claims related thereto are paid promptly. The applicable
provisions of ORS 279B and 279C are attached hereto as Exhibit ___ and
incorporated herein by reference.
D.
None of the work or services covered by this Agreement shall be subcontracted
without the prior written approval of the COMMISSION.
Article 5. Compliance with Laws and Regulations
CONTRACTOR shall at all times observe and comply with all federal and state laws and
local ordinances and regulations, including but not limited to possession of a valid City of
Medford business license, in any manner affecting the conduct of the work, and all such orders
or decrees as exist at the present and those which may be made or enacted later by bodies or
tribunals having any jurisdiction or authority over the work.
Article 6. Federal Requirements and Provisions
Notwithstanding any other provision hereof, any applicable federal laws, rules or
regulations are to govern in any case where federal funds are involved and the federal laws
conflict with any provision hereof. If applicable, Federal requirements and provisions are
attached hereto as Exhibit ___. CONTRACTOR agrees to comply with such attached
provisions.
Article 7. Compensation
The COMMISSION shall compensate the CONTRACTOR in accordance with the
Schedule of Charges and Payment Schedule set forth in Exhibit ___, which shall include the
basis for rates and charges. Compensation shall be billed monthly in summary form giving
employees names and hours and expense data. Payment to CONTRACTOR is due upon
presentation of invoice to COMMISSION and is to be made within thirty (30) days.
Article 8. Payment to Contractor and Extras
Subject to ORS 279C.570 (Progress Payments) and subject to ORS 279C.550
(Retainage), and in consideration of the faithful performance of the work herein embraced and
provided for, as set forth in this contract, solicitation, general specifications and special
provisions, notice to contractors, and plans which are a part thereof, in accordance with the
directions of the COMMISSION and to its satisfaction, COMMISSION agrees to pay to
PROJECT TITLE
CIP #
SAMPLE CONTRACT
Page 2 of 7
CONTRACTOR the amount earned by CONTRACTOR under said contract, as provided in the
general specifications and special provisions attached. All payments will be made at the times
and in the manner provided in the general and special provisions incorporated herein and in
accordance with the regulations of COMMISSION in regard to the payment of claims, which
regulations provide, among other things, that all claims against COMMISSION shall be
submitted to COMMISSION upon vouchers.
Except as otherwise provided herein, no payment for extras shall be made unless and
until such extras and the price therefore have been authorized in writing in advance.
Article 9. Suspension of Work
COMMISSION may suspend, in writing, all or a portion of the work under this Agreement
if unforeseen circumstances beyond COMMISSION'S control make normal progress of the work
impossible.
CONTRACTOR may request that the work be suspended by notifying
COMMISSION, in writing, of circumstances that are interfering with the normal progress of
work. CONTRACTOR may suspend work on Project in the event COMMISSION does not pay
invoices when due. The time for completion of the work shall be extended by the number of
days work is suspended. If the period of suspension exceeds ninety (90) days, the terms of this
Agreement are subject to renegotiation, and both parties are granted option to terminate work
on the suspended portion of Project in accordance with Article 10.
Article 10. Default
If CONTRACTOR fails to begin the work under the contract within the time specified, or
fails to perform the work with sufficient workmen or equipment or with sufficient materials to
insure the prompt completion of the work, or shall neglect or refuse to remove and replace
materials or work that have been rejected as defective or unsuitable, or shall discontinue the
prosecution of the work or if CONTRACTOR shall become insolvent or declared bankrupt, or
commit any act of bankruptcy or insolvency, or allow any final judgment to stand against
CONTRACTOR unsatisfied for a period of forty-eight hours, or shall make an assignment for the
benefit of creditors, or from any other cause whatsoever, shall not carry on the work in an
acceptable manner, COMMISSION shall give notice in writing to CONTRACTOR and
CONTRACTOR’S surety of such delay, neglect or default, and if CONTRACTOR, within a
period of ten days after such notice shall not proceed in accordance therewith, then
COMMISSION in addition to the rights and remedies to which COMMISSION may be entitled by
law for the enforcement of its rights hereunder or upon breach of covenant shall have full power
and authority, without violating this contract, to take the prosecution of the work out of the hands
of CONTRACTOR, to appropriate or use any or all of the materials and equipment on the
ground that may be suitable and acceptable and may award a contract for the completion of this
contract according to the terms and provisions hereof, or use such methods as in its opinion
shall be required for the completion of this contract, in an acceptable manner. All costs and
charges incurred by COMMISSION together with the costs of completing the work under the
contract, shall be deducted from any money due or which shall become due said
CONTRACTOR. In case the expense so incurred by COMMISSION shall be less than the sum
which would have been payable under the contract, if it had been completed by CONTRACTOR
hereunder, then CONTRACTOR shall be entitled to receive the difference less any damages for
delay to which COMMISSION may be entitled, and in case such expense shall exceed the sum
which would have been payable under the contract, CONTRACTOR and the surety shall be
liable and agree to and shall pay COMMISSION the amount of said excess with damages for
delay of performance, if any. CONTRACTOR shall not make any disposition of the plant,
PROJECT TITLE
CIP #
SAMPLE CONTRACT
Page 3 of 7
machinery, tools, appliances, supplies or materials used on or in connection with the work,
whether by sale, covenants, or encumbrance, inconsistent with the provisions of this contract.
The contract may be canceled at the election of COMMISSION for any failure or refusal
on the part of CONTRACTOR to faithfully perform this contract according to its terms and
conditions.
Article 11. Non-Appropriation
Notwithstanding the termination provisions and the Default section above, termination
may occur for non-appropriation. Specifically, all COMMISSION obligations to spend money
under this contract are contingent upon future appropriations as part of the COMMISSION
budget process and local budget law, and the failure of the Council and Budget Committee to
make the appropriation shall necessarily result in termination of this contract. As such, in the
event insufficient funds are appropriated for the payments under this contract, then the
COMMISSION may terminate this contract at the end of its current fiscal year, with no further
liability or penalty to the COMMISSION. The COMMISSION shall deliver written notice to
CONTRACTOR of such termination no later than thirty (30) days from the determination by the
COMMISSION of the event of non-appropriation.
Article 12. Indemnity
CONTRACTOR hereby agrees to defend, indemnify, and hold harmless COMMISSION,
its officers, agents, and employees, from and against any and all liability, including but not
limited to claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings,
actions, and costs of actions including, but not limited to, attorneys' fees for trial and on appeal,
and for the preparation of same arising out of the CONTRACTOR’s, its officers', agents', and
employees' acts or omissions while performing services or actions associated with this
Agreement. Provided, however, that CONTRACTOR shall not be required to indemnify
COMMISSION against liability for damages arising out of death or bodily injury to persons or
damage to property caused solely by the negligence of COMMISSION.
Article 13. Insurance
CONTRACTOR shall obtain at its own expense and maintain continuously in effect
during the term of this Agreement the following minimum insurance:
(1)
Commercial General Liability Insurance on an “occurrence” policy form covering
Bodily Injury and Property Damage, Products/Completed Operations, Personal &
Advertising Injury, and blanket Contractual Liability. Such insurance shall be
primary and non-contributory, and provide limits of at least $1,000,000 per
Occurrence and a General Aggregate of at least $2,000,000. “The Medford
Water Commission and its officers, employees and agents while acting
within the scope of their duties as such” shall be named an Additional
Insured by endorsement.
(2)
Commercial Automobile Liability Insurance for Bodily Injury and Property
Damage covering owned, non-owned, rented, and hired autos. Such insurance
shall provide a combined single limit per accident of at least $1,000,000.
PROJECT TITLE
CIP #
SAMPLE CONTRACT
Page 4 of 7
(3)
Workers Compensation Insurance meeting statutory requirements of Oregon
Workers Compensation Law must be provided by CONTRACTOR (and any subcontractor CONTRACTOR may use) for any subject workers, as well as
Employers Liability Insurance with limit of at least $500,000.
If CONTRACTOR is statutorily exempt from the requirement to provide Workers
Compensation Insurance, CONTRACTOR shall complete, sign, and submit the
COMMISSION’s form for Declaration of Exemption from Oregon Statutory
Workers Compensation in lieu of Workers Compensations Insurance.
CONTRACTOR shall submit to COMMISSION certificates of insurance for all policies
listed above at time of this Agreement, and at each subsequent insurance renewal for the life of
this Agreement. Certificate must include Additional Insured Endorsement for General Liability
Insurance. Certificate Holder (and additional insured for General Liability) shall be shown as:
Medford Water Commission, 200 S. Ivy St., Room 177, Medford, OR 97501.
CONTRACTOR is responsible to assure that COMMISSION receives a required thirty
(30) days written notice prior to cancellation of, material change to, exhaustion of aggregate
limits of, or intent not to renew any insurance policy for coverage required in this Agreement.
Ten (10) days will be accepted for cancellation due to non-payment of premium.
CONTRACTOR shall itself provide the written notice in the event that its insurance companies
will not or do not provide such notice. Failure to maintain proper insurance and/or provide timely
notification of a change in coverage is grounds for potential immediate termination of this
contract.
Notwithstanding insurance requirements stated or any modifications made thereto, in no
case shall the presence or absence of any insurance coverage, or any insurance policy limit,
provision, term, or condition reduce the obligations of the CONTRACTOR for liability granted
generally by law or specifically in the terms of this Agreement. In no case shall COMMISSION
be responsible for any amount of CONTRACTOR self-insurance, or any retention, deductible,
or coinsurance amount required by CONTRACTOR’s insurance policies.
Article 14. Partial Invalidity
If any term, covenant, condition, or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect, and shall in no way be affected, impaired, or
invalidated thereby.
Article 15. Integration
This Agreement represents the entire understanding of COMMISSION and
CONTRACTOR as to those matters contained herein. No prior oral or written understanding
shall be of any force or effect with respect to those matters covered herein. This Agreement
may not be modified or altered except in writing signed by both parties.
Article 16. Jurisdiction
This Agreement shall be administered and interpreted under the laws of the State of
Oregon. Jurisdiction of litigation arising from this Agreement shall be in that state. Any litigation
arising from this Agreement shall commence in Jackson County, Oregon.
PROJECT TITLE
CIP #
SAMPLE CONTRACT
Page 5 of 7
IN WITNESS WHEREOF, COMMISSION and CONTRACTOR have caused this
contract to be executed for and on their behalf by their duly authorized officer(s) on the day and
year first above written.
** SIGNATURE PAGE FOLLOWS **
PROJECT TITLE
CIP #
SAMPLE CONTRACT
Page 6 of 7
CITY OF MEDFORD, OREGON, BY AND THROUGH ITS
BOARD OF WATER COMMISSIONERS
By: _______________________________________
Title:______________________________________
CONTRACTOR
By: _______________________________________
Printed Name:______________________________
Title:______________________________________
CCB No. __________________________________
Signed by the Contractor in my presence as:
WITNESS:_________________________________
PROJECT TITLE
CIP #
SAMPLE CONTRACT
Page 7 of 7
EXHIBIT ____
OREGON STATUTORY PUBLIC CONTRACT PROVISIONS
THE FOLLOWING PROVISIONS PERTAIN TO
PUBLIC PROCUREMENTS
(OTHER THAN PUBLIC IMPROVEMENTS)
ORS 279B.220
CONDITIONS CONCERNING PAYMENT, CONTRIBUTIONS, LIENS, WITHHOLDING
CONTRACTOR shall:
(1)
Make payment promptly, as due, to all persons supplying to CONTRACTOR labor or
performance of the work provided for in this contract.
material
for
the
(2)
Pay all contributions or amounts due the Industrial Accident Fund from CONTRACTOR or
SUBCONTRACTOR incurred in the performance of the contract.
(3)
Not permit any lien or claim to be filed or prosecuted against COMMISSION on account of any labor or
material furnished.
(4)
Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
ORS 279B.225
CONDITION CONCERNING SALVAGING, RECYCLING, COMPOSTING OR MULCHING YARD WASTE
MATERIAL
CONTRACTOR shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible
and cost-effective.
ORS 279B.230
CONDITION CONCERNING
COMPENSATION
PAYMENT
FOR
MEDICAL
CARE
AND
PROVIDING
WORKERS’
(1)
CONTRACTOR shall promptly as due, make payment to any person, co-partnership, association or
corporation furnishing medical, surgical and hospital care services or other needed care and attention,
incident to sickness or injury, to the employees of CONTRACTOR, of all sums which CONTRACTOR
agrees to pay for the services and all monies and sums which CONTRACTOR collected or deducted from
the wages of employees, under any law, contract or agreement, for the purpose of providing or paying for
the services.
(2)
All subject employers working under this contract are either employers that will comply with ORS 656.017
or employers that are exempt under ORS 656.126.
ORS 279B.235
CONDITION CONCERNING HOURS OF LABOR
(1)
A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week,
except in cases of necessity, emergency, or when the public policy absolutely requires it, and in such
cases, except in cases of contracts for personal services designated under ORS 279A.055, the employee
shall be paid at least time and a half pay:
(a)(A) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the
work week is five consecutive days, Monday through Friday; or
(B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work
week is four consecutive days, Monday through Friday; and
(b) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
(2)
Employer must give notice in writing to employees who work on a public contract, either at the time of hire
or before commencement of work on the contract, or by posting a notice in a location frequented by
employees, of the number of hours per day and days per week that the employees may be required to
work.
OREGON STATUTORY REQUIREMENTS – ORS 279
Page 1 of 4
(3)
In the case of contracts for personal services as described in ORS 279A.055, the employee shall be paid
at least time and a half for all overtime work in excess of 40 hours in any one week, except for individuals
under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C.
201 to 209 from receiving overtime.
(4)
Does not apply.
(5)(a) Persons employed under contracts for services shall receive at least time and a half pay for work
performed on the legal holidays specified in a collective bargaining agreement or in ORS
279B.020(1)(b)(B) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40
hours in any one week, whichever is greater.
(b) Employer shall give notice in writing to employees who work on a contract for services, either at the
time of hire or before commencement of work on the contract, or by posting a notice in a location
frequented by employees, of the number of hours per day and days per week that the employees may be
required to work.
THE FOLLOWING PROVISIONS PERTAIN TO PUBLIC IMPROVEMENTS:
ORS 279C.505
CONDITIONS CONCERNING PAYMENT, CONTRIBUTIONS, LIENS, WITHHOLDING AND DRUG TESTING
(1)
CONTRACTOR shall:
(a) Make payment promptly, as due, to all persons supplying to CONTRACTOR labor or material for the
performance of the work provided for in this contract.
(b) Pay all contributions or amounts due the Industrial Accident Fund from CONTRACTOR or
SUBCONTRACTOR incurred in the performance of this contract.
(c) Not permit any lien or claim to be filed or prosecuted against COMMISSION on account of any labor or
material furnished.
(d) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
(2)
CONTRACTOR shall demonstrate that an employee drug-testing program is in place.
ORS 279C.510
DEMOLITION CONTRACTS TO REQUIRE MATERIAL SALVAGE; LAWN AND LANDSCAPE MAINTENANCE
CONTRACTS TO REQUIRE COMPOSTING OR MULCHING
(1)
If a contract for demolition, CONTRACTOR shall salvage or recycle construction and demolition debris, if
feasible and cost effective.
(2)
If a contract for lawn and landscape maintenance, CONTRACTOR shall compost or mulch yard waste
material at an approved site, if feasible and cost effective.
ORS 279C.515
CONDITIONS CONCERNING PAYMENT OF CLAIMS BY PUBLIC OFFICERS, PAYMENT TO PERSONS
FURNISHING LABOR OR MATERIALS AND COMPLAINTS
(1)
If CONTRACTOR fails, neglects or refuses to pay promptly a person’s claim for labor or services that the
person provides to CONTRACTOR or a SUBCONTRACTOR in connection with the public improvement
contract as such claim becomes due, the proper officer that represents COMMISSION may pay the
amount of the claim to the person that provides the labor or services and charge the amount of the
payment against funds due or to become due CONTRACTOR by reason of such contract.
(2)
If the CONTRACTOR or a first-tier SUBCONTRACTOR fails, neglects or refuses to pay a person that
provides labor or materials in connection with the public improvement contract within 30 days after
receiving payment from the contracting agency or a contractor, the CONTRACTOR or first-tier
SUBCONTRACTOR owes the person the amount due plus interest charges that begin at the end of the
10-day period within which payment is due under ORS 279C.580 (4) and that end upon final payment,
unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the
amount due is nine percent per annum. The amount of interest may not be waived.
OREGON STATUTORY REQUIREMENTS – ORS 279
Page 2 of 4
(3)
If CONTRACTOR or a SUBCONTRACTOR fails, neglects or refuses pay to a person that provides labor
or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS
279C.580.
(4)
Paying a claim in the manner authorized in this section shall not relieve CONTRACTOR or
CONTRACTOR’s surety from obligation with respect to any unpaid claims.
ORS 279C.520
CONDITION CONCERNING HOURS OF LABOR
(1)(a) No person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except
in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases,
except in cases of contracts for personal services defined in ORS 279C.100, the employee shall be paid
at least time and a half pay:
(A) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is
five consecutive days, Monday through Friday; or
(B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work
week is four consecutive days, Monday through Friday; and
(b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540.
(2)
CONTRACTOR shall give notice in writing to employees who work on a public contract, either at the time
of hire or before commencement of work on the contract, or by posting a notice in a location frequented by
employees, of the number of hours per day and days per week that the employees may be required to
work.
(3)
Persons employed under contracts for personal services as described in ORS 279C.100 shall be paid at
least time and a half for all overtime work in excess of 40 hours in any one week, except for individuals
under personal services contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C.
201 to 209 from receiving overtime.
(4)
Does not apply.
(5)(a) Persons employed under contracts for services shall receive at least time and a half pay for work
performed on the legal holidays specified in a collective bargaining agreement or in ORS
279C.540(1)(b)(B) to (G) and for all time worked in excess of 10 hours a day or in excess of 40 hours in
any one week, whichever is greater.
(b) CONTRACTOR shall give notice in writing to employees who work on a contract for services, either at
the time of hire or before commencement of work on the contract, or by posting a notice in a location
frequented by employees, of the number of hours per day and days per week that the employees may be
required to work.
ORS 279C.530
CONDITION CONCERNING
COMPENSATION
PAYMENT
FOR
MEDICAL
CARE
AND
PROVIDING
WORKERS’
(1)
CONTRACTOR shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical and hospital care services or other needed care and attention,
incident to sickness or injury, to the employees of CONTRACTOR, of all sums which CONTRACTOR
agrees to pay for such services and all moneys and sums which CONTRACTOR collected or deducted
from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or
paying for such service.
(2)
All subject employers working under this contract are either employers that will comply with ORS 656.017
or are employers that are exempt under ORS 656.126.
ORS 279C.580
CONTRACTOR’S RELATIONS WITH SUBCONTRACTORS
OREGON STATUTORY REQUIREMENTS – ORS 279
Page 3 of 4
(1)
The CONTRACTOR is required to provide a first-tier SUBCONTRACTOR with a standard form that the
first-tier SUBCONTRACTOR may use as an application for payment or as another method by which the
SUBCONTRACTOR may claim a payment due from the contractor.
(2)
The CONTRACTOR, except as other provided in this paragraph, is required to use the same form and
regular administrative procedures for processing payments during the entire term of the subcontract. A
CONTRACTOR may change the form or the regular administrative procedures the CONTRACTOR uses
for processing payments if the CONTRACTOR:
(a) Notifies the SUBCONTRACTOR in writing at least 45 days before the date on which the
CONTRACTOR makes the change; and
(b) Includes with the written notice a copy of the new or changed form or a description of the new or
changed procedures.
ORS 279C.825
FEES, RULES
At the time of execution of a contract subject to ORS 279C.800 to 279C.870, the COMMISSION shall pay
to the Commissioner of the Bureau of Labor and Industries a fee of 0.1 percent of the contract price.
However, in no event may a fee be less than $250 or more than $7,500. The fee shall is payable to the
Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following
address: Bureau of Labor and Industries, Wage and Hour Division, Prevailing Wage Unit, 800 N.E.
Oregon Street, #32, Portland, OR 97232.
ORS 279C.830
PROVISIONS CONCERNING PREVAILING RATE OF WAGE IN SPECIFICATIONS, CONTRACTS AND
SUBCONTRACTS; APPLICABILITY OF PREVAILING WAGE; FEE; BOND
(1)
If the contract is a “Public Works” and the contract price exceeds $50,000:
(1)(a) Except as provided in paragraph (e) of this subsection, contracts for public works shall state the existing
state prevailing rate of wage and, if applicable, the federal prevailing rate of wage required under the
Davis-Bacon Act (40 U.S.C. 3141 et seq) that must be paid to workers in each trade or occupation that the
CONTRACTOR or SUBCONTRACTOR or other person who is a party to the contract uses in performing
all or part of the contract.
State rates may be found at www.oregon.gov/boli/WHD/PWR/Pages/index.aspx.
Federal rates may be obtained at www.wdol.gov/.
(b) When state and federal prevailing rates of wage are contained in the specifications, the
CONTRACTOR is required to pay the higher of the applicable state or federal prevailing rate of wage
to all workers on the public works.
(c) Workers must be paid not less than the specified minimum hourly rate of wage in accordance with
ORS 279C.838 and ORS 279C840.
(d) If a public works project is subject both to ORS 279C.800 to 279C.870 and to the Davis-Bacon Act,
workers on the public works must be paid not less than the higher of the applicable state or federal
prevailing rate of wage.
(e) A public works project described in ORS 279C.800(6)(a)(B) or (C) is subject to the existing state
prevailing rate of wage or, if applicable, the federal prevailing rate of wage required under the DavisBacon Act that is in effect at the time COMMISSION enters into an agreement with CONTRACTOR
for the project. After that time, the specifications for a contract for the public works must include the
applicable prevailing rate of wage.
(2)
CONTRACTOR and every SUBCONTRACTOR must have a public works bond filed with the Construction
Contractors Board before starting work on the project, unless exempt under ORS 279C.836(4), (7), (8) or
(9).
(3)
In the event the initial contract is less than $50,000, and through the course of the project the total
contract amount is extended above $50,000, CONTRACTOR is responsible for paying and certifying
payment of prevailing wages. CONTRACTOR is required to file amended wage statements if prevailing
wages were not originally paid.
OREGON STATUTORY REQUIREMENTS – ORS 279
Page 4 of 4